A Michigan shoulder injury lawyer can help if you suffered a serious injury that required surgery or other treatment. These serious injuries are both painful and disabling.
Many shoulder injuries, like a torn rotator cuff, are life altering and affect your ability to work or even perform basic household chores.
If your shoulder was injured due to the negligence of another or at work, you need an experienced personal injury lawyer on your side. Contact our experienced attorneys today to file your claim.
Types of Shoulder Injuries
The shoulder joint is composed of three bones: the clavicle (collarbone), the scapula (shoulder blade), and the humerus (upper arm bone). The shoulders are the most movable joints in your body.
To remain in a stable or normal position, the shoulder must be anchored by muscles, tendons and ligaments. Because the shoulder can be unstable, it is the site of many common problems including:
- Separation: a fall or hard force to the area tears the ligaments holding together the collarbone and shoulder blade, causing the collarbone to be pushed out of place.
- Dislocation: occurs when the top of the arm pulls out of the socket and causes pain and weakness in the shoulder area.
- Fracture: when a bone breaks or cracks due to blunt force trauma, such as a fall or motor vehicle accident.
- Cartilage tear: an injury to the cartilage, or padding, around the shoulder often caused by a trauma or repetitive use.
- Torn rotator cuff: damage to the muscles and tendons that hold your arm in place. Common causes of a rotator cuff injury include car accidents, falls, overuse, and work injuries.
- Slap tear: refers to the Superior Labrum Anterior and Posterior aspect of the shoulder, where your biceps tendon attaches to the labrum, often from an auto crash or forceful pulling on the arm.
- Frozen Shoulder: when tissue builds up in the joint and limits movement.
- Impingement: the tendons of the rotator cuff become pinched in the bones, causing swelling and pain, many times caused by frequent overhead lifting with the arms.
- Bursitis: the cushions in the joint get swollen and irritated from repetitive motions.
Types of Treatments & Shoulder Surgeries
The diagnosis of the injury is initially made through a clinical exam and later confirmed by an MRI or CT scan. A plain x-ray film can diagnose a fracture or broken bone.
Many surgeons attempt to treat a shoulder injury with conservative methods, like physical therapy and even rest. Anti-inflammatory drugs and cortisone injections can sometimes resolve the problems.
When conservative treatment does not reduce pain or alleviate the symptoms, it is often necessary to perform shoulder surgery. There are several types of surgeries performed by orthopedic surgeons, including:
- Shoulder replacement
- Arthroscopic surgery
- Rotator cuff surgery
- Torn labrum surgery
- Fracture repair
- Bicep tendon surgery
Most patients require extensive physical therapy after a surgery to return back to normal usage and function. Pain medications are often prescribed to assist in the recovery process.
What the Most Common Causes of Shoulder Injuries?
The most common causes a shoulder injury include:
- Motor vehicle accidents, including autos, motorcycles, and trucks;
- Slip and falls on ice and snow, or due to defective conditions and hazards;
- Repetitive use on the job, including overhead lifting and other functions;
- Police misconduct and assaults;
- Birth injuries, such as shoulder dystocia;
- Dropped residents in nursing homes;
- Sports injuries, like snow skiing and ATV accidents.
Can I Sue for a Shoulder Injury?
The fact that your shoulder was injured is not enough to sue someone. In addition, you must prove that the cause was the fault of a person, company, or business.
You can sue for a shoulder injury if it was caused by the negligence of another person or business. Lawsuits are often filed in cases involving car accidents, slip and falls, and other personal injury cases.
In addition, you can sue for an assault by another or the use of excessive force by police or a security guard. These cases demand compensation for the harms and losses you suffered.
There are also cases involving medical malpractice arising from positioning injuries during an operation. This type of injury is caused by the placement of the arm and the position of the patient during a surgery. It can be the fault of the surgeon or anesthesiologist.
Can I File a Worker’s Compensation Claim for a Shoulder Injury?
You can file a worker’s compensation claim if your injury was caused by a trauma at work or through repetitive usage. Examples of traumas include a fall, being struck by a heavy item, or any incident involving direct force that causes the shoulder or surrounding area while on the job.
In addition, many types of shoulder injuries occur over long periods of time due to repetitive use. This is often seen in factory and construction workers, who often use the same motions over and over again daily for many years. Frequent overhead use is also a cause of this type of work injury.
To win your claim, you will need your attending physician to relate your injury to work activity. This is especially necessary for claims involving repetitive use conditions and injuries.
How Much is a Shoulder Injury Settlement?
There is no typical or average shoulder injury settlement. Settlements include compensation for both non-economic losses and economic losses, including a combination of both.
Non-economic losses are primarily for pain and suffering damages. These include physical pain, mental anguish, scars and disfigurements, and loss of quality of life.
There is no schedule or guideline to determine the amount of this type of settlement. Each case is determined separately.
The amount of a pain and suffering settlement is often based on the type of treatment and the period of recovery. For example, a settlement for an arthroscopic rotator cuff repair can be less than for an open repair because the surgery is less intensive and often has a quicker recovery time.
Economic losses are for financial damages. This includes lost wages, loss of future income, and medical expenses. Related costs for rehabilitation and household assistance also are compensable.
Examples of Shoulder Injury Settlements
While every case is unique and has its own value, some examples of settlements include:
- $300,000 for a semi-truck accident that caused a rotator cuff tear resulting in surgery
- $275,000 in a slip and fall lawsuit due to ice and snow in an apartment complex
- $250,000 for a shoulder replacement surgery in an uninsured motorist car accident case
- $195,000 in a bicyclist hit by a car
- $150,000 for a nursing home resident dropped by a nurse’s aide during a transfer
- $95,000 for a skier knocked down by a reckless skier on the slopes
Contact a Michigan Shoulder Injury Lawyer Today
The personal injury lawyers at The Buckfire Law Firm specialize in shoulder injury cases. Our experienced attorneys will take care of everything from start to finish so you can focus on your treatment and recovery.
We do not charge any legal fees unless you win a settlement. And, we only get paid at the end of the case. We put this in writing for you.
Contact us now to start on your case. Fill out the Case Review Form on this page or give us a call now.
It was extremely easy working Attorney Lawrence Buckfire. He was always accessible to me, very open and honest regarding everything with the case. I felt safe trusting my case with him. No overselling or empty promises, he was always very transparent.
I am so grateful to have found Buckfire Law Firm. Randy and Natalie were there every step of the way. Natalie explained that it was going to be a lengthy process but that she would keep me posted along the way. They answered all my texts and emails, maybe not that same day but I also know I’m not their only client. My case was a tough case and it definitely wasn’t a big money case but they still fought like it was a million dollar case. Randy got me through some pretty difficult litigations. He is kind and compassionate and I now consider him a great friend. You have to realize when filing a lawsuit that you are not their only client and you have to be patient. You also have to understand that even though a wrong was done that you have to be able to prove your case. My case took 3 years and it got harder and harder to prove their wrong doing but in the end Randy got me way more than I was expecting and I gained a great friend!
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